Professional Negligence Protocol

The Professional Negligence Protocol goes further, being one of the more recent protocols, with a separate section on ADR, which sets out the following procedure:
“B6.1 The parties can agree at any stage to take the dispute (or any part of the dispute) to mediation or some other form of alternative dispute resolution (ADR).
B6.2 In addition, any party at any stage can refer the dispute (or any part of the dispute) to an ADR agency for mediation or some other form of ADR.

B6.3 When approached by a party of an ADR agency with a proposal that ADR be used, the other party or parties should respond within 14 days stating that:

(a) they agree to the proposal; or

(b) they agree that ADR will be or may be appropriate but they believe it has been suggested prematurely. They should state when they anticipate it would or may become appropriate; or

(c) they agree that ADR is appropriate, but not the form of ADR proposed (if any). They should state the form of ADR which they believe to be appropriate; or
(d) they do not accept that any form of ADR is appropriate. They should state their reasons. This letter should be copied to the other party or parties and can be disclosed to the court on the issue of costs.
B6.4 it is expressly recognised that no party can or should be forced to mediate or enter into any other form of ADR”.